Our divorce decree states that I can garnish him if he’s one month behind. But now he’s gotten almost 18k behind through child support enforcement within the last 6 years of divorcing. Before I file these documents with the courts, should I close my child support enforcement case or should I... Read more »
answered on Jan 27, 2023
I would advise you to hire a private attorney who can file an action for contempt for the total amount of the arrears. In that case your attorney can see the arrears as well as attorney's fees, so that the Court may award you the cost of your attorney in your judgment. Once the case is... Read more »
Counterclaim has been filed and there’s no response to my counterclaim. The courts are giving the plaintiff 90 days to respond. Plaintiff already missed the 1st deadline to respond. Can I file something to before the 90 days are up to dismiss the case
answered on Jan 20, 2023
You can't file a counterclaim in a contempt case. Having a case dismissed isn't as good as having a hearing and the Court finding you are not in contempt. Speak to an attorney about your options.
answered on Jan 12, 2023
Is it legal? It is not illegal for a spouse to use what could be construed as marital property. We lack the facts here to determine whether it is logical or reasonable for the wife to believe she was authorized to do so.
answered on Jan 27, 2023
If neither of you have filed for divorce and been awarded certain property on a temporary basis, then each of you have access to the camper and can use it as you see fit. Only by filing for divorce and asking to be awarded the camper on a temporary basis, can the court award you with exclusive use... Read more »
We were married 15 yrs. Lived in the camper last 4 yrs. Took camper when I was not present with all my belongings in it left me homeless
answered on Jan 12, 2023
Yes she is allowed to leave you. If the camper is marital property l, it belongs to both you so she can use it. She should not sell it or any if your belongings. You can file for divorce and ask for the property to be divided.
It is a domestics relation case. I have current litigation going on in California. And would like the other party to pay for my lawyer fees since she opened up a new case in her new home state.
We have a set hearing February 13th but have an open litigation case in California about child custody and UCCJEA. The children have been living with me since MAY 2021. I have multiple court orders from 3 different states that can prove this. What documents do I use to properly file in the Superior... Read more »
answered on Jan 11, 2023
You need to get an attorney to help you defend the case in Georgia.
During an investigation, the case worker was not helpful to me at all. Come to find out, she befriended the mother of my child and was having lunch dates with her during an active investigation. Is that legal? If it’s not illegal, is it at least a conflict of interest? Is there a possible lawsuit... Read more »
answered on Jan 11, 2023
These questions and concerns should be addressed to your attorney. Based upon what you have stated, from my experience I do not see a conflict. Could they have discussed the case at lunch? Certainly. Why do you believe that the caseworker is now biased against you? Again, speak with your... Read more »
THANK YOU FOR YOUR TIME. I'M GOING THROUGH A CASE FOR BATTERY FAMILY VIOLENCE THAT MY KIDS MOTHER REPORT ON ME. WE HAVEN'T BEEN TOGETHER FOR 5 YEARS NOW BUT SHE STILL LIVES IN MY HOUSE SINCE I'VE BEEN TRYING TO KEEP MY KIDS CLOSE TO HER THE MORE THAT I CAN. THIS PERSON HAS MEDICAL... Read more »
answered on Dec 31, 2022
My FIRM advice is to hire a local attorney who practices both basic criminal defense as well a Family law. The issues are combined and the right work on the Family Law case will profoundly benefit your criminal matter. It is also a great wedge against her to force her to be more responsible. You... Read more »
I also have a child with autism and a pregnant wife I also have two other children with my wife can that help reduce my child support as I have to pay for everything in home including my visitation costs
answered on Dec 30, 2022
It is possible that there might be a decrease. If your income has increased since the last order and / or your ex's income decreased, then the overall amount may not actually decrease. You need to consult with an attorney who can give advice based on your situation.
Refused to release a small portion 5 years ago for a house purchase. Psychological harm, then they invest the money and refused to honor my wishes to take profits and then set it aside for home purchase when the trust would expire 12/31/22. The amount in fees was about 40% of the start amount.... Read more »
answered on Dec 30, 2022
I am not a Georgia lawyer and you absolutely should consult a Georgia attorney with your situation. But, ordinarily, things like refusing to honor your wishes to release funds for the mortgage, etc. aren't good claims against a trustee by a beneficiary. A Settlor puts money into a trust for... Read more »
long story short my son is about 15 months old and his father has never paid child support or tried to help me out. He doesn’t visit him and the only way he sees him is if I drive him 8 hours to my home town (yes I have told him he can come visit, his reason is not being able to put miles on his... Read more »
answered on Dec 25, 2022
You need to ask a Kentucky lawyer. Laws are different state by state.
My child’s father is not on his birth certificate, and he’s really not all that involved… He does not pay child support and does not visit. The only time he sees him is if I drive eight hours to my hometown to let him. I only moved a month ago and visited once, I put a tracker in my... Read more »
answered on Dec 24, 2022
The question is whether the bio father legitimated the child or not. It’s a court proceeding. If the child is not legitimated, the father has no legal rights over the child - no right of visitation or custody.
I spoke with legal counsel this morning and they informed me that I should reach out to Florida attorneys as they have no jurisdiction and can’t serve her since she lives in Florida.
answered on Dec 15, 2022
If this is an uncontested divorce without children, i.e., you are in agreement on all issues, then you could file in Georgia and she could sign a waiver of jurisdiction and venue. If it's a contested divorce or the children are in Florida, FL has jurisdiction.
When I got sick I wasn't able to work . I went to child support recovery an showed them my paper work where I had to apply for disability I filed for a modification of child support was denied so still was suppose to pay $ 645 a month with no income at all . I was in am out of the hospital for... Read more »
answered on Dec 14, 2022
In a contempt case, you have to prove that you have exhausted all resources in order to avoid contempt. Your being able to work is not the only solution. Sometimes, people have to borrow money, take a loan from a bank, or sell assets in order to come up with the money.
Is there anything that can be done about the custodial parent that will not get a job? Her not working has my monthly payment sky high. She chooses to not work and get state assistance, living assistance, and child support...
answered on Dec 14, 2022
No one can force her to work. You can file a modification and try to prove she is capable of earning more. Also, you have to fact in thr cost of child care if she were to work. You would have to contribute to that also.
He was diagnosed bipolar and he's a compulsive liar. He refuses to go to counseling and take his prescribed medicine. I don't want to co parent because he is unstable and I want a better life for my child. My child is not happy around him and interferes with her progress.
answered on Dec 13, 2022
We here on Justia cannot guide and advise parents to abscond with their children to the detriment of the other parent. Moreover, no court could care less whether a parent is mentally debilitated because the court can order treatment as a component of reunification.
As for the answer to this... Read more »
In GA, I was told that spousal support and other financial responsibilities are not on the table during divorce when the married couple has no biological children together.
answered on Dec 3, 2022
What you were told is not true. Spousal support is not dependent on children being born and raised during the marriage. It is the spouse's need and the other spouse's ability to pay, among other factors.
She is currently incarcerated for elder abuse and several other charges, none of which have been waived. I can reveal more history as needed to receive an answer. I am writing this myself with no prompting from another person. I am totally independent, pay my own mortgage, bills, etcetera.
answered on Dec 3, 2022
You aren't required to talk to her or have any dealings with her. You can also write a will or estate plan excluding her if you wish.
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